What the Poe Hall Lawsuit Means for NC Workers

In January 2026, twelve former students, faculty members, and staff at North Carolina State University filed a lawsuit in Wake County Superior Court, alleging they developed breast cancer after years of unknowing exposure to toxic chemicals inside Poe Hall on the state campus. Poe Hall is a seven-story education building that opened in 1971. 

Of the twelve plaintiffs, three are estates representing women who died from the cancer at the center of the lawsuit. The attorneys say they now represent more than 600 people who worked or studied in Poe Hall and later developed serious illnesses.

At the crux of this lawsuit are critical questions about North Carolina law and occupational disease claims, the limits of the workers’ compensation system, and the legal options available to people who become ill from toxic exposures in the workplace.

Poe Hall: What happened?

Poe Hall was the hub for NC State’s education and psychology programs for more than 50 years. Poe was built in 1971, a time when polychlorinated biphenyls (PCBs) were routinely used in building materials such as caulking, joint sealants, adhesives, and fluorescent light ballasts. PCBs were later banned by Congress in the late 1970s, after research linked them to cancer and other serious health problems, but the chemicals remained embedded in buildings nationwide.

Toxic exposure lawsuit against NCSU

A lawsuit alleges that NCSU became aware of PCBs in the electrical system of Poe Hall after finding contamination in transformer oil in 1991. For several decades, faculty and students reported poor air quality in the building; they described oily black particles blowing from vents and settling on surfaces. However, even with awareness of the complaints, the university didn’t conduct comprehensive interior testing until 2023, after several employees who’d been diagnosed with cancer raised concerns with state and federal agencies.

Testing revealed PCB levels up to 38 times above the EPA’s safe limit. In November 2023, following the testing, the university closed Poe Hall. Since that time, more than 225 people in their twenties, thirties and forties with no family history or genetic markers for cancer reported to local media that they developed the disease after being in the building.

Constitutional claims vs. workers’ compensation

Although there’s very little overlap between constitutional and workers’ compensation claims, this particular case creates a degree of gray area. NCSU is a state institution, which means plaintiffs may not simply file a traditional personal injury lawsuit against it. 

Therefore, the plaintiffs filed a lawsuit for North Carolina Constitution claims, alleging the chemicals in Poe Hall violated their rights to bodily integrity and a safe working and learning environment. The lawsuit relies on a 1992 North Carolina Supreme Court decision that allowed plaintiffs to sue the state directly for constitutional violations when no other adequate legal remedy exists (Corum v. University of North Carolina). 

In February 2026, NCSU responded with a motion to dismiss. It argued that the claims are ordinary negligence, and workers’ compensation, but not constitutional law. The university’s position is that an employee who was harmed by workplace conditions should pursue claims through the workers’ compensation system and the North Carolina Industrial Commission, not a constitutional lawsuit in Superior Court. 

However, there’s an ironic twist to this story. NCSU has also filed a lawsuit against Monsanto, which is the manufacturer of PCB-containing products used in the construction of Poe Hall. The lawsuit seeks hundreds of millions of dollars to be used to demolish and rebuild the structure. The university says Poe Hall is a contaminated building and argues that the occupants should be compensated.

Workers’ compensation isn’t always a complete remedy

This is exactly the type of thing workers’ comp should provide for, right? Well, in theory, yes. But in reality, not always. In fact, the workers’ compensation system wasn’t designed to handle every type of workplace illness, and the protections it does provide have significant gaps. 

The North Carolina Workers’ Compensation Act indicates that occupational diseases are covered in two ways:

1. N.C. General Statute Section 97-53 lists 27 specific diseases that are recognized as occupational in nature. These include conditions like asbestosis, lead poisoning, and silicosis. If a worker develops one of the listed diseases, the law presumes the condition is related to employment, which paves the way to establishing a claim.
2. The statute also includes a provision [Section 97-53(13)] that covers any disease proven to be caused by conditions that are characteristic of and peculiar to the worker’s employment. To qualify under this provision, the worker must prove that the job exposed them to a greater risk of developing the disease as compared to the general public, and that the employment was a significant contributing factor in causing the illness.

The second provision is more difficult for a worker to be successful in court. Cancer caused by long-term chemical exposure does not appear on the North Carolina list of occupational diseases. A worker who develops cancer from workplace toxic exposures must use the first provision, which requires expert medical testimony that establishes both the increased risk and the causal connection. Some cancers, like those from PCB exposure, have a lengthy latency period—they don’t have symptoms and remain undiscovered for years, or even decades—so it’s exceptionally difficult to meet the evidentiary burden. 

Workers’ compensation benefits in North Carolina are limited. The system doesn’t allow recovery for pain and suffering, emotional distress, or punitive damages. It provides medical treatment coverage and wage replacement at two-thirds of the worker’s average weekly wage, subject to a maximum set forth by the Industrial Commission, which is adjusted annually. If a worker is diagnosed with cancer decades after their exposure, it will be very difficult to receive these benefits in a way that addresses the full scope of their harm.

North Carolina workers’ compensation and occupational disease presumption

One of the most significant issues in the Poe Hall lawsuits is that North Carolina lacks a meaningful occupational disease presumption for workers in high-risk occupations. As of January 2025, North Carolina law did not have a presumption that certain diseases are caused by workplace exposure for any class of worker.

North Carolina firefighters have been pushing for these protections for nearly two decades. House Bill 520 would have established a presumption that nine forms of cancer are occupational diseases for firefighters; it passed the North Carolina House in 2019 but stalled in the Senate and never became law. Presently, only select cancers are covered for firefighters, and they’re strictly as a line-of-duty death benefit, which means it only applies as a survivor benefit after the firefighter has died.

The absence of these presumptions affects not just firefighters, but any North Carolina worker exposed to hazardous substances over a long career. Teachers, custodians, factory workers, and construction laborers who develop cancer or other serious illnesses from chronic workplace exposures all face the same uphill battle. They must prove that their specific job caused their specific disease. This is costly because they’ll need expert medical evidence and is uncertain. Many valid claims are never filed because the worker cannot afford to pursue them.

Poe Hall and North Carolina workers

The outcome of the Poe Hall litigation could reshape the legal landscape for occupational disease claims in North Carolina. If the court allows the constitutional claims to proceed, it could establish a pathway for workers who develop serious illnesses from workplace toxic exposures. They could potentially seek compensation beyond what the workers’ compensation system currently provides. If the court sides with NCSU and dismisses the case, it will reinforce the idea that workers’ compensation is the exclusive remedy, even if that remedy is inadequate for the harm suffered. 

However, regardless of how the Poe Hall case is decided, it underscores the importance of taking immediate action if you believe you’ve been exposed to toxic substances at work. You must take these steps right away:

1. Document the conditions you observe; 
2. Report your concerns to your employer in writing; 
3. Seek medical attention immediately; and 
4. Consult with an attorney who’s experienced in handling occupational disease claims.

North Carolina law requires an occupational disease claim to be filed within two years of the date a worker is advised by a competent medical authority that they’re suffering from an occupational disease. If you miss that deadline, you could lose the right to benefits entirely. Acting quickly is of the essence. 

Poe Hall is a reminder that the buildings where we spend time and the substances to which we’re exposed on the job can have consequences that don’t become apparent for years, or even decades. The North Carolina workers’ compensation system provides important protections, but it also has limitations. A worker who understands those limitations and takes early steps to protect their rights will be in the strongest position to pursue the compensation they deserve.